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Check your private msg Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.

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belmontboy

09-21 07:09 PM

Hi, I am from India and applied for GC under EB2.my priority date is 01-21-2-2007.I filed concurrently I-140 and I-485 in july 2007. got my EAD and using it.EAD is valid for one more year.I-485 is still pending. my wife have filed a case against me in India.The indian court issued non bailable arrest warrent against me. I am not going to India to attend the court proceedings.Now the proceedings and non bailable arrest warrent against me is pending in indian court since 2 years. my indian passport has impounded by ministry of external affairs, India. The interpol in india has sent extradition papers to Interpol, washington D.C. there is no red corner notice issued against me. my questions are:

1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?

2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?

3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.

Kindly advise me. Thanks in advance.

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rockstart

08-12 01:35 PM

There is a memo released by USCIS dated in 2008 that covers all these scenarios about 245(k). They have defined the condtions that can be defined as unlawful status, Unlawful presence and violation of status. So you need to look at what category you fall under. Also the only way to wipe out your previous violation is to Re-Enter on a valid VISA. Not AP not any other method but on a valid VISA.

Once you do that the previous violations are wiped out and new accrue from last valid entry on VISA. Hope this helps. Please google for USCIS 245(k) memo for details

There are so many things that come into picture such as ability to pay , proferred wage , qualifications of individual , requirements for the job.

Can any one predict when will 2008 PDS will become current for people from India whether Eb2 or EB3 . As far as I can predict it really does not matter if some one is looking at PD of 2008 and from India , one is there for a long time if congress does not act.

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gauravsh

05-04 09:52 AM

Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.

Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?

How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN. Am i missing something? Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf

You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.

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nozerd

12-17 09:33 PM

My labor was approved in October 2005 and the dates were in 1998 then so couldnt apply for 485. I applied for I 140 and that was approved in December 2005. Couldnt apply for I 485 until June 2007 just 1 month before the "free for all" where my dear friends with PD in 2007 could also apply. Just makes you smile doesnt it :)

Can someone post a sample letter for removing lawyer from G28 and a notice to represent case himself/herself

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SL%%

08-17 09:17 PM

I seriously don't know how many LUD's have passed on my portfolio but the latest is April 30, 2009. Called lawyer and asked them if there were any RFE's, second FP appointment and told me that there are none. I don't know if you read the article where USCIS is pre-adjudicating cases even if the PD is not current. As to what the article said, I think TSC & NSC have already almost used up every EB3 quota for the FY2010 where they needed to pre-adjudicate cases so they would know more or less accurately how big the backlog is. According to the article also, most cases that were pre-adjudicated were those who filed during the 2007 FIASCO they created so it would probably only mean one of the ff:

- USCIS is playing safe - USCIS indeed pre-adjudicated those 2007 filers which probably answers our current LUD's (if that really is the case) - USCIS pretty much denied a lot of application (if you don't have any denial letter by now and you see LUD's on your portfolio and filed last 2007 during that Fiasco, chances are its been pre-adjudicated already, maybe).

Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?

Now that we are feeling the pinch, we want to close this door for the other folks?

Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??

Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.

We are not talking about closing the door. We are talking how the desi companies are abusing the system

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ssksubash

11-13 03:37 PM

Thank you all for your valuable input. I have a follow up question :

Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.

Here is the situation :

My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.

Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,

Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..

thanks so much, -Prasad PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably. You can get it translated in India iteself and get it notarized... or get an affadivit notarized from both parents for birth certificate.. that should do it and you do not have to bother about translation.

Regarding dates, no one knows when will it be current again.. as long as you have valid H1 and approved 140 you are good to continue to get 3 years extensions... until it becomes current again..

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illusions

07-11 12:39 PM

Ah Snap. I'm From Sri Lanka and would be willing to go, but i work till 5, then have other arrangements till 7pm. Let me call her in a bit and see if anything can be worked out.

I strongly discourage the word "Attroney" for everything. Just because of memebers like kriskris these Attroney's are living lavishly. What the heck these Attroneys know that we don't know. Don't we know how to write our names? Don't we know how to fill an application form? Please stop saying "Attroney" for everything. These are not complex things. Please note according to one survey 70% of Americans don't know how to fill Bank application. Attroneys are just making the money out of this situation.

Yes, I agree Attroney's are required for quite complex things..but not for H1 extension, I-485, H1 stamping etc etc. Glad that we could able to eradicate Attroney culture completely for H1B stamping. I eagarly look forward the same situation to applying for H1, I-485 etc in the future ...

Please help above member how to apply H1 extension if you know..Please stop using the sentence "Contact your Attroney".

Hi H1Girl, Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.

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black_logs

02-08 03:52 PM

I agree, It is just that I'm so frustrated to see them doing almost nothing since they came to power. All they talked since then is reservations...not a single project. After 2 years in power only 1 project they have initiated since then is this airport upgradation project that too is Vajpayee government's brainchild.

Receipt numbers are worthless in my case. My application is pending in the local service center and i see the status message from Aug 2004. After that I was scheduled an interview, I did FP, I attended an interview, got stuck in the stupid name check, took 2-3 INFOPASS appointments.

So what's up with the case status online ?

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small2006

08-08 02:46 PM

How did your GC process turn out? Any RFEs because of this?

Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.

Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.

Sorry about the rant and thanks for hearing me out.

May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!

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GCBy3000

06-18 02:20 PM

I heard that with new fee structure, you get to get the EAD and AP at no cost every additional year. Is that not true?

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sam_hoosier

11-28 02:37 PM

I have registered on USCIS website for I-485, AP and EAD. When I logged on today I saw last updated date modified to 11/25/2007. Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates

Just wondering if some one else in the same boat not receiving emails. I have given my hotmail email ID, if that matters ?